The South Carolina Anti-Kickback Statute is a law that was enacted to prohibit individuals or entities from directly or indirectly offering, paying, soliciting, or receiving any form of remuneration in exchange for referring an individual to a person or entity for the furnishing of any item or service for which payment may be made in whole or in part by a health care program. This includes Medicare, Medicaid, and TRI CARE. This statute applies to any health care related services, such as services provided by doctors, hospitals, nursing homes, home health care providers, and laboratories. The statute also applies to any health care related insurance plans, such as health maintenance organizations (HMO's) and preferred provider organizations (PPO's). The South Carolina Anti-Kickback Statute has two types: (1) the Federal Anti-Kickback Statute, and (2) the South Carolina Anti-Kickback Statute. The Federal Anti-Kickback Statute prohibits any person or entity from offering, paying, soliciting, or receiving any remuneration in exchange for referrals for the furnishing of any item or service for which payment may be made in whole or in part by a federal health care program. The South Carolina Anti-Kickback Statute prohibits any person or entity from offering, paying, soliciting, or receiving any remuneration in exchange for referrals for the furnishing of any item or service for which payment may be made in whole or in part by a state health care program. Both statutes impose stiff penalties for violations.
South Carolina ANTI-KICKBACK STATUTE
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FAQ
The statute made the receipt of kickbacks, bribes, or rebates in connection with items or services covered by the Medicare and Medicaid programs a misdemeanor punishable by a fine, imprisonment, or both.
SECTION 63-17-20. Jurisdiction. (A) Any person who has sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to an action brought under this article with respect to a child who may have been conceived by that act of intercourse.
The Anti-Kickback Statute (AKS) (42 U.S.C. §1320a-7b(b)) is a criminal statute that forbids transactions meant to reward or induce referrals for services or items reimbursable by federal healthcare programs.
§ 9-2-1 ASSAULT AND BATTERY; BREACH OF PEACE; DISORDERLY CONDUCT. It shall be unlawful for any person to commit any assault and battery, or assault, or engage in any breach of peace, within the corporate limits of the city, or to engage in any riotous or disorderly conduct unbecoming a good citizen.
Examples of illegal kickbacks in healthcare can be cash payments, but often include other items of monetary value, such as gifts, free or discounted supplies or services, and travel. Hospitals and other companies often try to disguise their medical kickbacks as legitimate payments.
SECTION 63-3-620. Penalties for adult violating title. An adult who wilfully violates, neglects, or refuses to obey or perform a lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court.
Examples of prohibited kickbacks include receiving financial incentives for referrals, free or very low rent for office space, or excessive compensation for medical directorships.